The Divorce So Bad it Made the Family Judge Flip Out

by | Aug 31, 2012 | Uncategorized

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I came across this article from Time Magazine by  BELINDA LUSCOMBE about a family judge in Canada that basically flipped out on a couple because their behavior during the divorce was so bad.  The Judge apparently wrote his opinion having taken a very dim view of both parties.  I particularly enjoyed his dark and sarcastic tone in his very unusual order.  However, the opinion underscores in a humorous way a significant problem facing many family court judges.  I have often heard the saying that in Criminal Court, we have bad people on their best behavior.  But in Family Court we have good people on their worst behavior.  I wonder how many family judges have considered making an order like this one.

Here’s the link to the article.   http://healthland.time.com/2011/01/05/the-family-judge-who-flipped-out/

Mary Kennedy and Borderline Personality Disorder

by | Jun 12, 2012 | Uncategorized

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Taken from http://www.thedailybeast.com/newsweek/2012/06/10/the-last-days-of-mary-richardson-kennedy.html

Newsweek recently published an article citing formerly sealed documents from the Bobby Kennedy, Jr. v. Mary Kennedy custody battle.  Apparently it revealed concerns that Mary Kennedy may have suffered from Borderline Personality Disorder (BPD). 

This article caught my attention because of my involvement in so many difficult high conflict custody battles where BPD was involved.  These cases are extraordinarily difficult.  A person with BPD suffers greatly and simply hasn’t the ability to understand the effect that one’s behavior can have on family members and, of particular concern,  on children. 

I have represented both persons suffering from BPD and those attempting to divorce a person with BPD.  These cases are usually extremely conflictual and difficult to navigate.  Although I have developed a skill set that enables me to manage such cases in as good a way as possible, it gives me a front row seat to some very sad and destructive circumstances.  I would even say that I am one of the very few family law attorneys brave enough to take on such a case. 

I feel for the Kennedy family and also feel for Ms. Kennedy.  I hope that her celebrity and tragedy that resulted from her struggles will serve to shine a spotlight on the issue so that more of us can be better equipped to help those suffering from BPD.

Here is the link to the Newsweek article:  http://www.thedailybeast.com/newsweek/2012/06/10/the-last-days-of-mary-richardson-kennedy.html

Other celebrities rumored to suffer from BPD include:

  • Princess Diana
  • Amy Winehouse
  • Brittany Spears
  • Lindsey Lohan
  • Marilyn Monroe
  • Kurt Cobain

(Note, I am not attempting to confirm that these individuals indeed have or had BPD.  I am only noting the rumors.)

Perhaps the most famous and tragic story of a person with BPD in a family law context was the case involving Betty Broderick and the murder of her former husband, San Diego attorney Dan Broderick, and his new wife, Linda. (See http://cmm.lefora.com/2009/02/15/dan-and-linda-kolkena-broderick-betty-broderick-an/)

For more information about borderline personality disorder and its effect on family law cases, visit http://www.highconflictinstitute.com/.

Note about the author: 

Attorney Shawn Weber is especially equipped to work in high-conflict custody cases. He coaches clients on how to communicate with the other parent in a low-conflict way. His goal is always to lower the temperature during disputes and shield the children from the conflict. However, if necessary, he can provide legal protection when a custody battle becomes heated.

For a free telephone consulation, call Mr. Weber at 858-345-1616 or visit his website at http://www.bravewebermack.com/Family-Law-Overview/Child-Custody.shtml

Responding to Recent Violence in Custody Disputes, CA Attorney Mark Baer Advocates Consensual Dispute Resolution Methods to Help Quell Future Meltdowns

by | Nov 7, 2011 | Uncategorized

 

 

 

Mr. Baer sums up my thoughts regarding the seeming increase in domestic violence in custody disputes.  I am convinced that the adversarial litigation process for resolving family issues has contributed significantly to the level of hostility between parties.  While some parties will be dangerously violent no matter what environment they are in, we can help reduce conflict in many cases as attorneys be referring folks to forms of alternate dispute resolution such as mediation or collaborative divorce.  Even in a litigation context, attorneys should be careful not to “fan the flames” of the conflict.  Much can be done to reduce the chances that a particular family will move into dangerous territory.  Here’s Mr. Baer’s articles:

Responding to Recent Violence in Custody Disputes, CA Attorney Mark Baer Advocates Consensual Dispute Resolution Methods to Help Quell Future Meltdowns.

Negotiating Over Waffles

by | Nov 2, 2011 | Uncategorized

Every now and then I will get involved in a negotiation where one of the parties struggles with the concept of negotiating and sharing.  Such a person wants all of what he or she wants and is simply unwilling to compromise or share in any way.  Obviously that makes my job harder.

I came across this video about a negotiation over waffles that pretty much sums it up for me.

[youtube=http://youtu.be/Mj00ii1BLV8]

If you need help with a difficult negotiation, feel free to contact Shawn Weber at 858-345-1616 or visit our website at www.bravewebermack.com .